Law Commons^™

The Firm-Perceived Contingencies To Political Strategy, Jessica Zeiss, Les Carlson

Association of Marketing Theory and Practice Proceedings 2020

Because assumptions that firm decisions to manage external politics revolve around traditional resources and capabilities (e.g., capital, technology) impede environmental management theories, this research explores additional antecedents, i.e., perceived uncertainty, firm political infrastructure. Study One qualitative data support ideas related to management as a matter of a firm’s perceptually constructed environment among deterministic firms. Study Two quantitative data find a strategic choice firm orientation is developed through management structures (e.g., specialized staff, routines), despite post-hoc analyses confirming both firm types operate in similar environments. Combined, these studies disconfirm traditional resources as a driver of firm political activity. Moreover, Study Two …

Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss

Association of Marketing Theory and Practice Proceedings 2020

This qualitative research seeks to shed light on the manner in which marketing and corporate political activity (CPA) interface through senior-level managers acting as key informants. Relying on transcendental phenomenology (n = 41) and grounded theory (n = 402) methods, respectively, Study One uncovers a set of activities difficult to distinguish as either marketing or politics, i.e., legitimacy branding, with Study Two invalidated legitimacy branding as a traditional political strategy. Legitimacy branding’s key characteristics –1) branded reputations, 2) nonmarket targets, 3) for proactive control – position it as marketing-based CPA. While such strategy is generally consistent with previous findings, they …

Fixing The Business Of Food: The Food Industry And The Sdg Challenge, Barilla Center For Food And Nutrition, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab

Columbia Center on Sustainable Investment Staff Publications

In collaboration with the Barilla Center for Food and Nutrition, the UN Sustainable Development Solutions Network, and the Santa Chiara Lab of the University of Siena, CCSI presented its first report on Fixing the Business of Food.

The document, part of a two-year effort, highlights the sustainable development challenge faced by the food industry. By proposing a Four Dimension framework, the report asks four overarching questions for companies in the food sector to address alignment with the SDGs:

1. Does the company contribute to healthy and sustainable dietary patterns through its products and strategy?
2. Are the company’s production processes economically, socially, …

Sustainability Values Of Students As Influences On The Image Of A University Transitioning To Sustainability, Anna A. Mendiola

Marketing and Law Faculty Publications

The journey toward sustainability is a difficult process for a university given the complex requirements necessary for becoming sustainable. To implement sustainability initiatives effectively, therefore, it is important to obtain the support and commitment of university stakeholders. Having a good image as far as the school’s efforts at sustainability are concerned engages stakeholders and encourages that commitment. It is an important element of change as it provides evidence that the school is indeed serious in its activities. Yet is the perception of the school’s image influenced by the students’ sustainability values? A survey of 798 college students at a private …

The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power

Dalhousie Journal of Legal Studies

This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Regulating For Resilience: Principled Flexibility And Environmental Co-Management In The Mackenzie Valley, Heather L. Potter

Electronic Thesis and Dissertation Repository

The author examines the environmental regulatory regime in the Mackenzie Valley region of the Northwest Territories which includes the regulatory structure established by the Mackenzie Valley Resource Management Act and the private contractual instruments of environmental agreements, impact benefit agreements and socio-economic agreements. The author concludes that these instruments work together to form a complex regulatory system that is sometimes maladapted to the adaptive management framework necessary for effective regulation in an increasingly unstable arctic environment. The author argues that effective environmental management in the Mackenzie Valley requires a regulatory approach grounded in principled flexibility and shared environmental goals across …

The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton

Faculty Scholarship

First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …

Coercive Vs. Cooperative Enforcement: Effect Of Enforcement Approach On Environmental Management, Robert L. Glicksman, Dietrich Earnhart

GW Law Faculty Publications & Other Works

A spirited debate explores the comparative merits of two different approaches to the enforcement ofregulatory law: the coercive approach, which emphasizes the deterrence of noncompliance throughinflexibly imposed sanctions, and the cooperative approach, which emphasizes the inducement of com-pliance through flexibility and assistance. Both scholarly and policymaking communities are interestedin this topic of enforcement approach within the realms of finance, tax compliance, occupational safety,food and drug safety, consumer product safety, and environmental protection. To inform this debate,our study explores enforcement of environmental protection laws where the debate has been especiallyspirited yet lacking in much empirical evidence. Specifically our study empirically analyzes …

Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger

Faculty Scholarship

Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial …

Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus

Holly Doremus

Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …

Marginalized Monitoring: Adaptively Managing Urban Stormwater, Melissa K. Scanlan, Stephanie Tai

Melissa K. Scanlan

Adaptive management is a theory that encourages environmental managers to engage in a continual learning process and adapt their management choices based on learning about new scientific developments. One such area of scientific development relevant to water management is bacterial genetics, which now allow scientists to identify when human sewage is getting into places it should not be. Source-specific bacterial testing in a variety of cities across the United States indicates there is human sewage in urban stormwater pipes. These pipes are designed to carry runoff from city streets and lots, and they send untreated water directly into rivers, streams, …

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides

Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo

Annual Survey of International & Comparative Law

Prior to June 1988, Nigeria responded to most environmental problems on an ad hoc basis. The discovery of toxic waste dumped in Koko, at remote part of southern Nigeria, in June 1988, and the attendant media and public outcry prompted the government to react swiftly. Through diplomatic channels, the Nigerian government succeeded in getting the Italian government and the Italian company that was the culprit to lift the toxic waste out of the country. The Nigerian government followed this action by organizing an international workshop6 on the environment. The result was the formulation of a national policy on the environment. …

Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)

30 slides

Collaborative Planning And Adaptive Management In Glen Canyon: A Cautionary Tale, Alejandro E. Camacho, Lawrence Susskind, Todd Schenk

Faculty Scholarship

The Glen Canyon Dam Adaptive Management Program (AMP) has been identified as a model for natural resource management. We challenge that assertion, citing the lack of progress toward a long-term management plan for the dam, sustained extra-programmatic conflict, and a downriver ecology that is still in jeopardy, despite over ten years of meetings and an expensive research program. We have examined the primary and secondary sources available on the AMP’s design and operation in light of best practices identified in the literature on adaptive management and collaborative decision-making. We have identified six shortcomings: (1) an inadequate approach to identifying stakeholders; …

Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz

All Maxine Goodman Levin School of Urban Affairs Publications

In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.

To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …

Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus

Indiana Law Journal

Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Contributions to Books

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Carey Law

Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms' environmental management. Synthesizing the results of a conference of leading scholars and …

Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash

ExpressO

Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms’ environmental management. Synthesizing the results of a conference of leading scholars and …

Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Agenda includes summaries of speakers' presentations

Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation

Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …

Water Policy And Cultural Exchange: Transferring Lessons From Around The World To The Western United States, James L. Wescoat

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

27 pages.

Contains references (pages 19-27).

America's Green Ports: Environmental Management And Technology At Us Ports, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

America's Green Ports: Environmental Management and Technology at US Ports is a compendium of case studies presenting a selection of innovative and cost-effective management practices and technologies employed by US ports to avoid, prevent, minimize, mitigate or remediate environmental impacts associated with port development and operations. This compendium of projects is one product of the US EPA, Office of Water’s Green Ports Program. It follows the 1998 publication of the Environmental Management Handbook prepared by the American Association of Port Authorities, also funded by the US EPA's Office of Water. That report provides practical information on incorporating environmental stewardship into …

Environmental Policy And Legislation In China, Rui Lin Jin, Wen Liu

Proceedings of the Sino-American Conference on Environmental Law (August 16)

13 pages.

Establishment And Practice Of The Chinese Environmental Impact Assessment System, Dao Lian Lin

Proceedings of the Sino-American Conference on Environmental Law (August 16)

12 pages.

Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

The conference chairman was University of Colorado School of Law professor Lawrence J. MacDonnell.

During the past ten years Congress has made the regulation of hazardous waste a priority. This conference focuses on the Resource Conservation and Recovery Act, as amended in 1984, and the Comprehensive Environmental Response, Compensation and Liability Act.

This conference attracted about 100 registrants from 16 states plus the District of Columbia. John G. Welles, Regional Director for EPA Region 8, presented a luncheon address.

Reduction Of Hazardous Waste—Pay Me Now Or Pay Me Later, Frank B. Friedman

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

8 pages.

Contains 1 attachment.

A Brief Introduction To Environmental Law In China, Cheng Zheng-Kang, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

36 p. ; 28 cm

Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis

Articles by Maurer Faculty

No abstract provided.